How to utilize AC21 I-485 Portability Rule

[yfehgh]

Dear Members,

If one files an I-485 petition based on the I-140 approval by his FORMER employer, whom he no longer works for and has no intention to go back at this point, is this legal? with I-485 backlog more than 180 days, it seems Ok to me because once I-485 is pending 180 days, we can use AC21 I-485 portability rule and from that point on, it is safe and legal...If anyone has done that and got approved, i appreciate much you share your success story here.

also, what if the i-140 was approved a couple of years ago and we now file I-485 petition, would BCIS be suspicious of that?

yfehgh

 

[rambo_fire]

yfehgh,
It is ok, if the I-140 petitioner is a former employer. However, they still have to demonstrate their interest to offer you a job in future (post GC approval). This is done by them agreeing to support RFEs (if any) to your I-140 etc.

Also, you should be able to file I-485 at anytime (even if I-140 was approved few years ago.)

BOTTOMLINE - This hinges 100% on the I-140 petitioner 's(your ex company's) willingness to help you out.

RF
{DISCLAIMER - I AM NOT A LAYWER.}

 

[vee111]

rambo_fire: good thing you have that disclaimer cause you're wrong. Once the I-140 is approved and 180 days have passed since I-485 ND, you're free to change jobs. There is no need to depend on the old employer's willingness. They couldn't prevent you even if they wanted to.

 

[rambo_fire]

vee111
You are correct. My mistake was that I did not mention that my recommendation was specific to days strating from 485 ND upto the 180 days. In this timeframe, the 485 petitioner is dependent on the goodwill of the I-140 petitioner. Am I not right ?



Rambo Fire
(DISCLAIMER - AGAIN I AM NOT A LAWYER)